sued for damages or compensation as maintenance of jails is a sovereign function of the State. In such a case the plaintiffs have to seek ... damages/compensation, since guarding of jails is a sovereign function of State. It was also held that the suit was barred by limitation. Accordingly
Victoria, (1928-29) 41 CLR 569 the distinction between sovereign and non-sovereign functions was categorised as regal and non-regal functions. The regal functions ... external security, grant of pardon. So the dichotomy between sovereign and non-sovereign function could be found by finding which of the functions
employed as a Junior Engineer, the State was discharging a sovereign function. Regarding this Project, the Tribunal held 'the construction of Srisailam Dam site ... construed as a sovereign act, except merely stating the Government is pursuing this project as a Governmental or sovereign function. In the absence
service under the Act. This contention, in our view, is fallacious. Sovereign functions performed by the State are not services for consideration falling within ... Section 2(1) (0) of the Act. The distinction between sovereign functions and non-sovereign functions is well-known. It is true that some
officials of the State were acting in discharge of the sovereign functions of the State. Suit for compensation against the State is, therefore, maintainable ... State cannot claim defence of sovereign immunity in the guise of the discharge of the sovereign functions in the Constitutional remedy. It does not clothe
under proposition IV, at the end of the judgment, held that sovereign functions, strictly understood, qualify for exemption, not the welfare activities or economic adventures ... undertaken by Government or statutory bodies. Even in departments discharging sovereign functions, if there are units which are industries and they are substantially several, then
State has ceased to be, save for the non-negotiable sovereign functions; and fundamental rights may suffer eclipse only to be viewed in museum glass ... production of arms and equipment for the defence personnel is a sovereign function, or, should it be treated as a private function ? Should Hindustan Aeronautics
that:
"Function of public welfare of the State being a sovereign function, the State is not an 'industry' under the Industrial Disputes ... laying down certain guidelines. Even in case of a Department discharging sovereign functions and in the nature of the business activity of the department some
State has ceased to be, save for the nonnegotiable sovereign functions'; and fundamental rights may suffer eclipse only to be viewed in museum glass ... production of arms and equipment for the defence personnel a sovereign function, or should it be treated as a private function ? Should Hindustan Aeronautics
other authorities' cannot be restricted to those exercising governmental or sovereign functions only.
4. The earliest decision on the subject as regards the interpretation ... authorities' need not necessarily engage themselves in performing governmental or sovereign functions since under Article 298 'State' can also carry on trade
